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Where some of the claims are directed to subject matter that is not patentable under Australian law, the search should only be conducted in respect of those claims that define patentable subject matter.  The PSO should clearly indicate the claims that have not been searched and provide reasons why a search was not conducted.

If the three person team conclude that none of the claims are directed to patentable subject matter, the case should be referred to a supervising examiner.  Where the supervising examiner is in agreement, the case should be referred to the PSO Practice Officer (Supervising Examiner ELEC 1).

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